(A) It shall be unlawful for any person to transfer a commercial or industrial premises or liquor license or for any person to act as a broker for the transfer of any commercial or industrial premises or liquor license within the city which does not have a current certificate of conformity.
(Prior Code, § 7-62)
(B) (1) The Department of Engineering and Building shall issue a certificate of conformity only after the commercial or industrial premises has been inspected and found in compliance with all applicable codes and ordinances of the city:
(a) An inspection report shall be completed by the Building, Electrical, Plumbing, Mechanical, Police and Fire Departments. The report shall note all violations found at the commercial or industrial premises;
(b) Before a certificate of conformity is issued all violations must be corrected and approved. In lieu of correcting all violations before occupancy, for premises not involved with a liquor license transfer for an existing non-conforming use, as defined in Ch. 190 of this code of ordinances, and except as outlined in division (B)(1)(c) below, the amount of money required to correct said violations may be placed in escrow with the Department of Engineering and Building. For the transfer of any premises involving a liquor license transfer for an existing non-conforming use, as defined in Ch. 190 of this code of ordinances, and when the weather conditions at the time of application for the transfer are such that it would be impractical (as determined by the City Engineer) to bring the property into compliance with all applicable codes and ordinances of the city, approval of the transfer may be allowed; provided, the amount of money required to correct such violations is placed in escrow with the city and subject to the additional requirement that said code or ordinance violations that are determined impractical to complete because of the weather must be completed within 90 days of the approval of the transfer by the City Council. If the applicant prior to the expiration of the 90 days believes that the weather still makes it impractical to complete the repairs, the applicant may request and the City Engineer may grant one additional 90-day extension if he determines such an extension is necessary. The escrow funds will be released only after all violations are corrected and issuance of certificate of conformity. Said violations shall be corrected within six months of occupancy for those transfers not involving a liquor license transfer for an existing non-conforming use, as defined in Ch. 190 of this code of ordinances. If said violations are not corrected within the time as required by this section, occupancy may be prohibited;
(c) If the inspection reports indicate a dangerous or hazardous condition and the premises are deemed to constitute an imminent danger to the health or safety of any person, the Department of Engineering and Building may order the dangerous or hazardous condition be corrected immediately and may limit or prohibit occupancy of the premises where necessary. If the Department of Engineering and Building finds an unusual or questionable condition, they may require the owner/transferee of the premises to supply the Department with a report from a qualified inspection agency. All reports shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. All cost related to the reports to be assumed by the owner/transferee;
(d) If a premises is inspected and the transfer does not occur, the inspection report is valid for a six-month period; and
(e) Where there is a multiple occupancy in a commercial or industrial premises, the change of any occupancy will require an inspection. However, if the building has been completely inspected and all violations corrected and a certificate of conformity issued, only the area to be occupied by the new transferee and the exterior of the building need be inspected.
(2) The person to whom a commercial or industrial premises is to be transferred (transferee) may assume the responsibility of correcting the violations provided the amount of money required to correct said violations is placed in escrow with the Department of Engineering and Building and said violations are completed within six months of the transferee taking occupancy pursuant to division (B)(1)(c) above.
(3) If the violations are not corrected within the six-month period, the city has the right and authorization to have said violations corrected with the escrow funds and any additional funds required to correct said violations shall be assessed as a lien against the real property. An escrow agreement signed by both the person occupying the premises and the person owning the premises shall be executed at the time of placing money in escrow. All signatures must be notarized.
(4) The City Engineer may revoke a certificate of conformity for a violation of any code, ordinance, rule or regulation of the city.
(Prior Code, § 7-63)
(Ord. 893, passed 7-30-1990; Ord. 1031, passed 3-24-1997; Ord. 1095, passed 9-18-2000; Ord. 1134, passed 10-22-2001)